Regulation 40(5)

SCHEDULE 9U.K.Circumstances in which a claimant is to be treated as having limited capability for work and work-related activity

Terminal illnessU.K.

1.  The claimant is terminally ill.U.K.

PregnancyU.K.

2.  The claimant is a pregnant woman and there is a serious risk of damage to her health or to the health of her unborn child if she does not refrain from work and work-related activity.U.K.

Receiving treatment for cancerU.K.

3.  The claimant is—U.K.

(a)receiving treatment for cancer by way of chemotherapy or radiotherapy;

(b)likely to receive such treatment within 6 months after the date of the determination of capability for work and work-related activity; or

(c)recovering from such treatment,

and the Secretary of State is satisfied that the claimant should be treated as having limited capability for work and work-related activity.

Risk to self or othersU.K.

4.  The claimant is suffering from a specific illness, disease or disablement by reason of which there would be a substantial risk to the physical or mental health of any person were the claimant found not to have limited capability for work and work-related activity.U.K.

Disabled and over the age for state pension creditU.K.

5.  The claimant has reached the qualifying age for state pension credit and is entitled to attendance allowance [F1, pension age disability payment], the care component of disability living allowance at the highest rate or the daily living component of personal independence payment at the enhanced rate [F2or the daily living component of adult disability payment at the enhanced rate in accordance with regulation 5(3) of the Disability Assistance for Working Age People (Scotland) Regulations 2022].U.K.

Textual Amendments